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Published - Tuesday, April 29, 2008

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Free speech wins out: Sign ordinance to stay as written

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The city of Onalaska will not issue a moratorium on electronic signs. The issue came up before the city of Onalaska Planning Commission Tuesday night when commission member Knute (Skip) Temte raised an objection to the political message posted on the electronic sign at Del’s Auto during the mayoral campaign. The message was promoting Robert Muth for mayor.

Muth was in the audience as the Plan Commission discussed the issue, but declined an invitation to speak.

The sign ordinance on the books with the city of Onalaska might not hold up in a court of law, according to city Land Use and Development Director Jason Gilman. He told Plan Commission members the existing Onalaska code regulates the type of message a sign — whether on a business, electronic, billboard, or yard sign — may include. However, the Supreme Court has repeatedly struck down as unconstitutional any regulation of content or messages a municipality or government might try to enforce, most strongly protecting political messages.

“I want everyone to be aware we don’t have control over content, but we do have control over installation,” Temte said. “We need to have a moratorium on these signs.” Temte was responsible for putting the item on the agenda.

“So what?” asked commission member Matt Deschler. “So what if you want to put up a political sign?”

“I don’t want to see us overreact,” said commission member Tom Kennedy. “We can’t make a moratorium for one sign.”

Mayor Mike Giese agreed, saying, “There’s a strong preference for unabridged and unfettered free speech. It’s a very important part of the political process and our democracy.”

Governments have a limited ability to control the visual impact of a sign to preserve the character and aesthetics of a neighborhood, Gilman said. But the majority of the Plan Commission was unwilling to venture any further with the ordinance and will not recommend any action to the City Council.
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Actually ... wrote on Apr 28, 2008 7:41 AM:

" I think the sign at Del's was installed before the new ordinance went into effect. It also doesn't matter what the ordinance says regarding content. The courts have regularly defeated any restrictions on content - especially political content - that doesn't go against community decency standards. "

So it means that an agreement was broken. wrote on Apr 27, 2008 10:35 AM:

" The sign was installed under an agreement. One party decided to break that agreement. With ethics and values like that, I will spend elsewhere. Besides that, what poor judgement to mix politics and business! Ya gotta figure with a race that close that they just alienated 50% of the people--possible customers. Free speech equals poor judgement in this case. Ya gotta love it when people exercise their rights!! "

The sign like others.. wrote on Apr 26, 2008 10:14 PM:

" was under a conditional permit to only advertise for services offered at that particular place of business. They cannot place ads for escort services or any other thing unless they provide it. They violated the spirit of that ordinance. Now that they think they can do it,Why not? They could sell ad space for a 24 hour sex phone line and we just need to go about our business. Explain that to your kids... "

To So what wrote on Apr 25, 2008 3:57 PM:

" Exactly. People these days seem to get too worked up if someone has a different opinion or candidate. I'm with Mr. Deshler: so what? If the message isn't offensive let them say what they want. Like Sloopy's. "

So what wrote on Apr 24, 2008 8:10 PM:

" We see political signs out all over the place, in yards on t.v. ect. so what's the difference if it's on an electronic sign? "

And my free speech says... wrote on Apr 24, 2008 5:35 PM:

" don't frequent Del's Auto if they wish to put themselves in the middle of the political process. "


The comments above are from readers. In no way do they represent the views of the Onalaska Life.

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